A.Muthulakshmi v. R.Annadurai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2018 CORAM :

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA Tr.C.M.P. No.1066 of 2017 and C.M.P.No.21930 of 2017 A. Muthulakshmi ... Petitioner versus R. Annadurai ... Respondent Prayer:- The Petition is filed under Section 24 of C.P.C. praying to withdraw and transfer H.M.O.P.No.99 of 2017, on the file of the Family Court, Tindivanam to the file of Family Court, Chennai.

For Petitioner :

Mr.J.Janarthanan For Respondent :

Mr.D.Kumaralingam

O R D E R

The petitioner/wife in the matrimonial dispute has filed the above Transfer Miscellaneous Petition seeking transfer of H.M.O.P.No.99 of 2017 filed by the respondent/husband for divorce under Section 13(i-a) & (i-b) of the Hindu Marriage Act, pending on the file of Family Court, Thindivanam to the file of Family Court, Chennai.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

3. It is stated in the affidavit filed in support of the petition that the distance from Chennai to Thindivanam requires more than two hours of travel. Being a lady the petitioner/wife finds it difficult to travel to attend the hearings, as she was not supported by anyone, to accompany her for her safety. She has a life threat at the hands of the respondent, if she goes to Thindivanam. Hence, she sought for the above transfer.

4. Considering Section 19(iii-a) of the Hindu Marriage Act, which speaks that the convenience of the wife is paramount and the apprehension expressed by the petitioner/wife, this Court is inclined to transfer H.M.O.P.No.99 of 2017 from the file of Family Court, Thindivanam to the file of Family Court, Chennai. https://hcservices.ecourts.gov.in/hcservices/

5. Accordingly, the Transfer Civil Miscellaneous petition is allowed and H.M.O.P.No.99 of 2017, pending on the file of Family Court, Thindivanam is transferred to the file of Family Court, Chennai. No Costs. Consequently, connected miscellaneous petition is closed.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar rsi To

1. The Family Judge, Tindivanam.

2. The Family Judge, Chennai.

+1 CC to Mr.J. Janarthanan, Advocate sr 13548 Tr.C.M.P. No.1066 of 2017 and C.M.P.No.21930 of 2017 KAN(CO) SP(12/03/2018) https://hcservices.ecourts.gov.in/hcservices/